THE APPLICATION OF THE CONSUMER PROTECTION ACT 1999 IN MALAYSIA AND ITS CHALLENGES

Abstract

This research adopts a doctrinal qualitative approach to analyse the applications and limitations of the Consumer Protection Act 1999 (CPA 1999) in Malaysia. It highlights specific provisions namely Sections 2(2)(c), 2(2)(e), 2(2)(f), 2(4), and 5. These sections either restrict the application of the Act or lead to inconsistent legal interpretations, which in turn diminish the CPA 1999’s effectiveness as the principal legislation for consumer protection. The study involves a detailed examination of statutory provisions and case law to explore how these legal rules have developed, their reasoning, and the challenges in their application. Furthermore, a comparative and historical analysis is conducted to assess how other jurisdictions have broadened consumer protection laws to protect their consumers. The findings suggest that the CPA 1999 is often viewed as supplementary to other laws, resulting in a fragmented and less effective consumer protection framework. To address these shortcomings, the study recommends legislative reforms aimed at strengthening the clarity and application of the Act. Overall, this research contributes to a better understanding of the doctrinal gaps in Malaysian consumer law and proposes steps towards a more comprehensive legal framework.